Legal Risk Prevention Of Parties Of Electronic Commercial Bills Business

It has been ten years since EDCS was officially launched in 2009 and regulations for electronic commercial bill(hereinafter referred to as "the regulations")was officially promulgated.In the past ten years,the number of electronic commerce draft system access agencies and electronic commercial bill business has been developing vigorously,but the electronic commercial draft system which always advertised safety is constantly being affected by fraud cases.After the occurrence of fraud cases of electronic commercial bills,financial institutions and their supervision departments generally deal with the cases coldly because of the consideration of financial stability,and do not study the civil liability of the parties in the cases deeply.However,with the deepening of financial supply side reform,the deepening of financial institutions bankruptcy integration,the increase of e-commerce bill system access institutions,the division of civil liability of the parties to e-commerce bills is gradually becoming a problem worthy of discussion.This paper analyzes the civil liability of the parties in three typical fraud cases of electronic commercial bills,and then discusses how the parties can avoid the above liability in the future business development process and responding to the lawsuit.The analysis of cases can not be separated from the study of basic theory.After the introduction of the method,the basic theory of e-commerce bill has been fully developed in this decade.First of all,the essence of electronic commercial bill is not only the electronization of commercial bill,but also the securitization of commercial rights.Secondly,the regulations and traditional theory for the classification of the subject of electronic commercial bill no longer meet the practical needs,so it needs to be divided into three categories according to the consistency of rights and obligations with the subject of traditional bill:1.The parties with the same rights and obligations as the traditional bill;2.The parties with changes compared with the rights and obligations of the traditional bill;3.New parties of electronic commercial bill business.On this basis,the rights and obligations of different types of subjects are analyzed to prepare for the analysis of cases.In the case of fraud of forged inter-bank account,the civil liability of access organization,agent,electronic authentication service provider and system operator is analyzed.Because the fraudsters constitute apparent agency for the agency in the case,and the access agencies have fulfilled the obligation of examination,the electronic authentication service providers and system operators can prove that they are not at fault,so the civil liability of such cases should be borne by the agency.In the case of fraud of forged bill,the civil liability of access organization,system operator and discounter is analyzed.Because there are faults in the system loopholes and lax auditing of the access institution,and the auditing responsibility of the system operator and the discounter depends on the access institution,so the civil liability of such cases should be borne by the access institution.In the case of fraud by the subject of forged bills,the civil liability of access agencies and electronic certification service agencies is analyzed.Because the access organization fails to fulfill the responsibility of audit for the fraudster,and the electronic authentication service organization can prove that it is not fault,so the civil liability of this kind of case should be borne by the access organization.From the above analysis,we can see that the access agencies bear more civil liability in the case,and the electronic certification service agencies and system operators will bear more and more responsibilities in the case of stricter supervision.Therefore,in the end,this paper summarizes how the parties of e-commerce bill business evade civil liability in the process of daily business processing and litigation,hoping that the above analysis and summary can effectively promote the development of e-commerce bill business.Due to the special roles of access agencies,electronic authentication service agencies and system operators in the fraud cases of electronic commercial bills,they have taken on more legal responsibilities,so their legal prevention is very important.In the business,access institutions should focus on improving the system,establishing a fast iteration mechanism of anti fraud model,setting up specialized institutions and personnel of e-commerce bill business,and maintaining effective communication with the people’s Bank of China and other regulatory agencies and peers to prevent legal risks.When fraud cases occur,we should focus on rapid evidence collection and stop loss,pre-litigation preservation,and synchronous promotion of litigation and communication to prevent risk expansion.E-certification service institutions focus on risk prevention in terms of standardizing the operation process,effectively keeping evidence,timely tracking the requirements of regulatory authorities for e-certification service institutions,etc.after the occurrence of the case,they should do a good job in evidence exchange,actively providing evidence and other work,so as to avoid the responsibilities caused by insufficient or untimely evidence presentation.System operators should promote financial institutions to establish and update internal electronic bill system,accelerate the promotion of qualified financial institutions access system,improve electronic bill security system,formulate emergency plans,improve rules and regulations,and prevent legal risks in case of emergencies.In the litigation,we should actively prove the fault of the access organization and other parties and reduce their liability.